The Development of the Right to Freedom of Assembly with an Emphasis on the Islamic Principle of Enjoining Good and Forbidding Wrong

Abstract

The right to freedom of assembly is one of the fundamental human rights recognized in international legal systems, notably enshrined in Article 21 of the International Covenant on Civil and Political Rights (1966), and plays a vital role in promoting participatory democracy, accountability, and oversight of ruling authorities. The United Nations Human Rights Committee, in its official interpretation, emphasizes that peaceful assemblies provide an opportunity for the expression of political, social, and cultural demands and ideals and serve as an effective mechanism for the peaceful resolution of social conflicts (United Nations Human Rights Committee, 2020). Nevertheless, in many Islamic societies, the realization of this right requires reinterpretation through the lens of religious and cultural values. This article, employing a descriptive-analytical method, seeks to demonstrate how the institution of enjoining good and forbidding wrong (amr bi al-maʿrūf wa nahy ʿan al-munkar) can offer a localized and religious foundation for supporting and expanding the right to political assemblies. Findings indicate that in Islamic thought, protest gatherings are not only a right but also a moral and religious duty for the people to oversee governance and realize social justice. Accordingly, an Islamic government is not merely prohibited from obstructing such gatherings; it is obligated to ensure their safety, provide a legal framework, and respond to legitimate demands. Moreover, the jurisprudential stages of this religious obligation offer an internal model for organizing protests, emphasizing respect, rationality, and gradualism in advocacy, which can enhance the legitimacy and effectiveness of assemblies. The article also distinguishes between political and non-political assemblies, emphasizing that only reform-oriented gatherings fall within this jurisprudential framework, while other types of assemblies should be analyzed under the broader principles of freedom of expression. Finally, from an international legal perspective, the article demonstrates that such an approach aligns with the principle of cultural diversity—a principle designed not to restrict, but to enrich and localize human rights (UNESCO, 2001). On this basis, utilizing indigenous institutions such as enjoining good and forbidding wrong can offer a legitimate and stable platform for developing this right within Islamic societies without conflicting with universal principles.